[ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it... in your heart. [ basketball bouncing ] heart healthy. great taste. mmm... [ male announcer ] sounds good. it's amazing what soup can do. anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'. >> thanks for joining us, everybody. jon: "america live" starts right now. megyn: fox news alert on a major storm system that could throw a wrench into your holiday travel plans. welcome to "america live", everyone. i'm megyn kelly. the first major winter storm of the season in a collision course with the nation's heartland. heavy know falling in the mountains of colorado, expected to move east over next couple days.

snow forecast from the rockies to the midwest. in colorado wind gusts of 40 miles an hour will blow snow around creating zero visibility at times before moving on to places like wisconsin where blizzard conditions are expected by tomorrow. up to a foot of snow could fall on northern michigan. and that is not all. the system will also cause headaches we're told in other parts of the nation. who will get what when? meteorologist janice dean standing by live in the fox weather center. jd, what is the story? >> the story is a blizzard and it will affect millions upon millions of people. want to make sure my weather map works. it does. let's move in. i will though show you where we'll see rain and snow. this storm has not gotten its act together yet. we're seeing a foot or more of snow but we're starting to see this thing crank up. you see the rain across the nation's heartland? there is the snow. but the wind will be the major problem. see the red-shaded area? those are blizzard warnings,

meaning we'll see heavy snow, gustings of over 50 miles an hour. that will cause blowing snow. what will that do? it will cripple, cripple travel across the upper midwest across the next 24 to 36 hours as the storm moves eastward. show you the wind gusts, dark shaded blue, those are wind gusts in excess of 50 miles an hour moving through kansas city, des moines and towards chicago and green bay. that is going to cause major travel problems as we get into thursday and friday. people are getting home for christmas and this is going to cause some major, major problems on the roads and in the air. there's your snow accumulation, 12 to 18 inches. in some cases we could see over two feet of snow and then as we move into the interior northeast that's where we also will see the snow as we get into friday and saturday. megyn, on the warm side of the storm, a threat for tornados across mississippi river valley. all the big cities later on today. tomorrow as we get across the southeast. so all of these areas need to be watching it, affecting

millions upon millions of people. of course folks are gearing up for the christmas holiday season. people will be traveling. this will throw a big wrench into someone's plans. megyn: we'll have severe thunderstorms in the southeast. we'll have severe snowstorms from the rockies to the midwest. what is going to be happening in the northeast? >> the northeast will get the tail end of this storm as we head towards friday but it's mainly going to be a rain event. however travel will be really, really awful on friday morning as we get into friday afternoon for all of the big cities along the northeast corridor. it won't be a snow event but will be a rain and wind event. the cold air behind this, megyn, we're talking about single digits. so it will be cold. we'll see a windchill factor of below zero in some of these areas. megyn: all right. and then at some point very soon i will ask you about the new year's eve forecast which bill and i always pay very close attention to, bill hemmer and i.

we had years we've been standing out there it has been zero degrees. >> but you always look great. megyn: last year we had 47 degrees which was down right balmy. we'll find out soon. >> maybe i'll do a long-range forecast for you tomorrow. megyn: thank you for that. i grew up in syracuse and albany, the tundra. i kind of get disindependent ed we will not get any snow. >> i grew up in canada. the snow capital. i feel the same way. we have kids. we want snow. but not the blizzard. megyn: that's right. everything in moderation. jd, thank you. >> nice to see you lady. megyn: likewise. a new report today suggesting a possible motive now for last week's unbelievable tragedy in newtown, connecticut. it has not even been a week. we're five days after and the son of a pastor at a local church in newtown is telling foxnews.com that the shooter may have been very angry with his mother. he allegedly thought she was trying to have him committed to a psychiatric facility.

joshua flashman said adam lanza may have been jealous of students at sandy hook elementary, believing his mother cared more about them than she did about him. later this hour we'll speak with a teacher about some of the heroism we saw in the schools of newtown on thatae. stay tuned for that. fox news alert on an effort to reach a tax-and-spending deal in washington. the president just spoke at length about negotiations and we'll get to that in a moment. but earlier we heard a stern warning for uncle sam, meaning all of us, from one of the world's leading credit rating agencies. fix the fiscal crisis or risk a downgrade. fitch warning again that it may strip the united states of its aaa credit rating if washington is unable to strike a deal to avert these big tax hikes and spending cuts that we're going to see at the end of this year and also to allow borrowing to

rise. now this is not the first time we've heard of these warnings or have seen america's credit take a hit. in 2011, standard & poor's cut its u.s. rating to double a from aaa blaming political brinkmanship for preventing on a agreement on raising the debt ceiling. we heard the president talk about the standoff in debt negotiations, a deal our stuart varney said is raising red flags. here is what he had to say earlier on his show. >> right after the election the boss of big labor, richard trumka led a delegation of leftists into the white house. afterwards he outlined taxes and spending plans he wanted for the second obama term. that outline is indeed the basis for the fiscal cliff deal that is now taking shape. here's my take. it's a lousy deal! trumka said, tax the rich, promise to cut spending and ignore the debt. looks like that is exactly what we're going to get. the republicans have accepted higher tax rates, rightly or wrongly, speaker

boehner has okayed tax the rich. that part of the trumka plan in place. as for spending, the president will not touch medicare or medicaid. he suggests a minuscule trimming of social security and he wants $50 billion worth of new spending for infrastructure. he is very much in line with trumka's thinking on spending. and then there's the debt. the president wants a blank check to run it up as he pleases, no interference from congress with those pesky debt ceiling debates. no, he is following the trumka line again. ignore the trillions in new debt. let the grandkids play for heaven's sake. this is where we're headed with these fiscal cliff talks. in our desperation to avoid a crisis we put it off and actually make it worse. tax the rich, avoid the spending cuts, ignore the debt. that is what we're about to do. yes it is a lousy deal. megyn: hmmm. joining me now to react, chris stirewalt, he is our fox news digital politics editor, host of "power play"

on foxnews.com. he believes the president is taking a page out of the richard trumka handbook, and getting everything he wanted, he wants. when you heard him today he sounded like a man who wasn't getting everything he wants. the other side is not giving him what he wants because they don't like him and don't want to see him score any progress on his watch. what did you make of what we heard at the presidential press conference earlier today? >> well the negotiations go on and on and on and they will keep going on right up to the end the president will not stop until he gets every possible thing he could. what he is hoping announcement like fitch's, that you could see another credit rating downgrade gets the republicans panicking giving more away and giving more back. megyn: is there anything to negotiate right now other than the republicans agreed to tax hikes but they want tax hikes to start on people who make a million dollars or more?

and the president said, no, they should start more around the 400,000 income mark? >> well the big question for republicans is, they have never, when they have control of the majority in congress, ever, increased marginal tax rates. megyn: they're already ready it violate that. they're already ready to violate that. >> the speaker has said he is ready to violate that. we're not see the vote yet. on thursday we'll see if republicans will do that. speaker has to get a majority of the majority. he will put it out there on thursday and see if it will fly. if they say no, they won't go for this, there is serious possibility here what republicans will have to do is jam the president on the 31st, take this right up to the very edge and try to jam the president with a final package, a hail mary at the end. but whatever happens, there is no expectation that this is going to get done until the seconds, literally seconds are ticking down on the clock. megyn: why would speaker boehner be in there promising to get a deal done, let's tax the rich, start the tax hikes those who make

more than a million, if, doesn't he count the votes before he goes in and offers something like that? >> a little of both and doesn't actually hurt the speaker's negotiating position that much if his caucus revolts. now it's bad if at the end it is a make-or-break deal. what he is doing now, how about this? how about a million dollars? he will keep coming back to them. it doesn't kill him now. it strengthens his bargaining position with the president if in fact his caucus says we're not there because the president's next counter offer will not be at million dollars. it will be half a million. megyn: we're spending every day 85 million in interest payments on the national debt. 853 million in interest payments on national debt. that's what we spend every day. the president is out there saying i've got a trillion dollars in spending cuts over 10 years. so it is a trillion over 10 years. they say that our national debt is likely 20 trillion by end of the his second term and interest payment on the debt alone will be one trillion a year. we'll pay one trillion just in interest on the debt. forget paying down the debt. this is one year.

this is one trillion in spending cuts, maybe. they may not agree to them, they may or may not come in 10 years. say it before, teaspoons in the ocean but they can't agree even to the teaspoons. >> this is correct. remember, nothing has ever been cut. nothing has been cut. we talk a lot about cuts. there has been no cuts. what occurred are reductions to future increases in spending, megyn, there have never been any cuts. nothing has been cut. what the president is talking about now, essentially more of the same. you include funny business stuff like we won't continue, we will continue not to be fighting in iraq. it is a lot of accounting gimmickry. real cuts have not occurred, not in the past and they don't seem to be on the table now. the question though for republicans is, are they willing to endure what would likely be a very hellish four or five, six weeks, if they aren't willing to put together a deal because the political pressure is going to be intense. megyn: let's note forget, republicans already hold a

losing hand because taxes are going to go up on january 1st, whether they like it or not, on all of us, on all of us. so right now, i mean, it is just a question of who can be saved from the increased taxes and that question remains a mystery. chris, hope you feel better. >> yes, ma'am. megyn: thanks for being here. just about an hour ago the white house announced a new task force that will be led by vice president joe biden to deal with gun violence in america. the white house says it is about more than just guns but steve hayes joins us next on what the likely big changes are, that are coming. and breaking news on the investigation into the 9/11 terror attack that killed four americans in benghazi. word just in that three, three staffers at the state department have just quit and one, viewers of this program, likely know very well. an amazing follow-up to the story of a man who helped some of the youngest survivors of the newtown shooting. you don't want to miss the moment right after our

interview when he got his wish, coming face-to-face with the grandparent of one of the children he helped. we have now been given permission to show you what happened. and we will. >> my desire is to have the parents call me and to reunite with these children and to read to them and to be with them and to love them and to let them know that i'll help them find the light because they were in the darkness. that's what my hope is. yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'.

>> you made the political calculation in 2008 in your first term and 2012 not to talk about gun violence. you had your position on renewing the ban on semiautomatic rifles then senator biden put into place but you didn't do much about it. this is not the first issue, the first incident of horrific gun violence of your four years. where have you been? >> well, here's where i've been, jake. i've been president of the united states, dealing with the worst economic crisis since the great depression. an auto industry on the verge of collapse. two wars. i don't think i've been on vacation and, so, you know, i think all of us have to do some reflex on how we prioritize what we do here

in in washington. as i said on sunday, this should be a wake-up call for all of us, to say, that if we are not getting right the need to keep our children safe, then nothing else matters. megyn: back now to one of our top stories. president obama making news just about a half hour ago, announcing a new task force that will be charged with finding solutions to reduce gun violence in this country. the effort will be headed up by vice president joe biden. that is significant for reasons we'll discuss momentarily. the president wants recommendations on his desk in january. steve hayes, columnist for "the weekly standard" and fox news contributor. steve, the reason it's significant that he placed the vice president in charge of this task force is? >> well that joe biden has a long history of working on gun control legislation and gun control efforts and he actually had some success implementing those things, unlike many democrats in washington. so biden's got experience.

he knows how to do this. he has contacts in congress and i think there is some urgency behind this task force and what the president is asking the vice president to do. megyn: yet that will strike fear in the hearts of folks at the nra because they, when he was senator biden, gave him an "f" on his pro-gun rights policies and said in 2008, few in the senate have as much experience as biden in attacking our right to keep and bear arms. they will not like the choice. but it does appear they are now going to take a serious look at, what, another assault weapons ban? what do you think is likely to come out of this? >> what was interesting in the president's press conference he was actually fairly specific what he hopes to get out of this task force. he says, it was clear it wasn't a commission. i think people who are speculating the president is using this biden task force to sort of get out of having to do implement serious gun control measures or doing kinds of things the president suggested he would do in his speech in newtown

on sunday night are just wrong. i think the president is still eager to move urgently and i think the picking of vice president biden suggests that but he was fairly specific. he talked about reinstating an assault weapons ban. the president talked about restricting high-capacity magazines. he talked about making, making it more difficult for people with problems, mental instability, to get guns, background checks, things of that nature. he was more specific in the press conference than i expected him to be. megyn: sounded a lot like what was in place from 1994 to 2004 when we had the assault weapons ban in place. most of those provisions were in place back then, weren't they? >> some of them were and the real question going forward when the president is i can making this case to the american public and task force is doing its work to identify specific ways this new effort can work in a way the old effort didn't. there was a reason that the assault weapons ban was let

lapse. it wasn't just politics. there were studies conducted in the aftermath of the assault weapons ban --. megyn: independent studies. not by pro-gun people. >> precisely, independent study, university of pennsylvania did one. others part of the requirements in the original passage of the legislation that required a analysis of effects and there was no appreciable effect. so i think one of the things the white house is going to want to do in order to make its case is to try to come up with some way, here is how things will change. i think that's where the president has a difficult task in pushing this because the social science i would argue is fairly strongly on the folks who argue that more gun control is not necessarily going to solve the problems in the manner that the president suggested they might on sunday. megyn: even the ban took place back then only spoke to guns on going forward basis. if you had the weapons in the house already they wouldn't be taken away from you. 300 million guns in the country now. they will stay in the country no matter what they do tomorrow. there was an argument to be

made in the assault weapons ban even though the studies showed it didn't really significant reduce the violence, if it was left in place longer period of time perhaps for decades it would have an effect. that turned out to be a moot discussion. i want to ask you this, where is the focus on mental health? rasmussen reports did a poll, question, what will do the most to reduce number of mass murder like school shootings in connecticut. stricker gun control, 27%. more mental health issues, 48%. third full control screen. the u.s. needs to take more action to identify and treat mental health issues, 86% said yes. >> i think this will be the most interesting aspect of this task force and how broad it is. one of the real questions here, what can government, what can the federal government, do if anything to make it easier for civil commitment it? to take people that presented themselves as risks, could be potential shooters in an instance like

this down the road and help families who have identified them and to solve that problem. megyn: this has got to be part of the discussion. it has got to be part of the discussion. 86% of the american people see it that way. we'll see. we'll see if the task force turns out to be one-dimensional or focuses on the bigger picture. steve, thanks. >> thanks, megyn. megyn: interestingly president obama was just named "time" magazine's "person of the year", beating out a couple other folks who made a lot of news in the last 12 months. just ahead our panel weighs in. tsa appears to be doing damage control after stopping and searching a young girl in a wheelchair without telling mother was what was going on. girl was in tears, mom was angry and tell you what the tsa is now saying. [ loud party sounds ]

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megyn: well the tsa is now responding to anger over a security stop that left a

young girls in tears in her wheelchair the 12-year-old was on her way to florida for medical treatment when she was detained for nearly an hour at the dallas airport because security agents said she posed a threat. look at this poor child. trace gallagher has more. trace? >> reporter: the story struck such a nerve because 12-year-old shelby has a genetic bone disorder. as you said, she wan not walk. she goes from her dallas area home to tampa, florida all the time for treatment and she has never had a problem. but, this time she did. tsa stopped her but they would not tell her mother why at first. then shelby got freaked out as you see there. she began to cry. they would not let her mom come near her. this went on for 45 minutes. watch. >> are you kidding me? hard to hear and know -- >> i want to go to florida. >> we'll get you out of here in a second, okay. >> it was frightening.

i got mad and i said, what do you mean it, what did you test her for? she tested positive for explosive residue on her hands. oh, okay. so at that point you would think that they would have checked her wheelchair. and they did nothing. and that's when it just seemed, everything just seem it spiral out. >> reporter: instead of testing wheels on the chair or taking the girl to a private area, she sat there at security and she sat there. other passengers could approach the girl and some did giving her candy but the mom could not approach her. well, now, tsa has responded. an agent in tampa has given the family his cell phone number say he will personally walk the girl through security when she comes through that airport. and tsa director also in dallas also contacted family looking for them to give him some feedback. shelby's parents say they will do exactly that. they will contact tsa. give them their feedback so they can try and stop people

who are in wheelchairs from having to go you there the same ordeal that 12-year-old shelby had to go through. overall, tsa, the big national part of it says, look, they're trying to keep people safe. they're doing their best. so some local agents have gotten involved, megyn. megyn: they definitely need some work on the system. trace, thanks. >> reporter: okay. megyn: the report's out on benghazi. that long-awaited state department report and it found lots of failures. but, it failed to hold anyone accountable for the terror attack that killed four americans. at least not that we know of. despite that, we do have breaking news on several resignations. what's going on here? we'll investigate. and these special backpacks are flying off the shelves in the wake of the sandy hook school shooting. what they're designed to do and why many parents say they could protect their children. homecoming just in time for christmas of the emotional reunion caught on camera.

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take control of your retirement today. ♪ ♪ megyn: the associated press is reporting that a state department security chief and two others have resigned. it comes less than 24 hours after we first got our hands on the review which offered new details about the events leading up to the september 11 assault that killed our ambassador and three other americans. catherine herridge is live on capitol hill with the breaking news. >> reporter: this is a scathing report. it concludes there was no demonstration at the time of the attack on the consulate and al qaeda is not dead.

it fragmented with its followers finding a new home in eastern libya. and there were systemic failures in the state department that led to the gross lack of security. >> mistakes were made, lives were lost and lessons need to be learned. first america cannot retreat from a dangerous world. it's important for us to be there. to not on protect our values but protecting american citizens. >> reporter: the report cites deteriorating security conditions on the ground. it's 20 stuart-related events including attacks on the consulate itself. the state department here in washington continued to rely on a libyan militia and outside security contractor, both of which did not provide a meaningful defense on the day of the attack.

the report suggests ambassador stevens bears some of the responsibility. it points out it was ambassador stevens' decision to go to been gas i on the anniversary of 9/11. secretary of state hillary clinton is at home recovering from a concussion. >> i think it's imperative for all concerned that she testify in an open session prior to any changing of the regime. i think that that's very important for her, i think it's very important for our country. >> reporter: what's key and missing from the report is the important policy piece. why was it the obama administration chose to pursue this lighter small footprint on the ground in benghazi when the intelligence and security-related incident clearly suggested there was a

rising threat and security was diminishing? the person who can answer that is the secretary of state. megyn: joining me now with more, monica crowley. and kirsten powers. why? why was the security oh inadequate? this interest review made very clear that whatever happened after the attack, what happened before was inexcusable. they were not adequately protected. the libyan security force was a joke. it basically cut and ran. despite these please our guys were ignores over there. the republican congressman from florida is on the intel committee and he said i believe they wanted it to look like we had everything secure, got it in order, got it in line, we don't need americans to protect the consulate.

we can let the libyans do it. it was a visual thing, a propaganda thing for lack of a better term and that's why we didn't have the security. >> it is an outstanding question. i took a look at this report. at least what's been made public and it seems to raise more questions as you just laid out than answers. the critical question is as you just laid out before the september 11 attack is why were these repeated requests for additional security denied? part of the story we heard before today and before this report was hillary clinton's state department asked for additional security because ambassador stevens and others in libya were requesting that and were denied. now we are hearing it was hillary clinton's deputy assistant secretary of state charlene lamb that repeatedly denied those requests. if that's true, then we have the question of whether the requests

got to the secretary of state. did she know about it? did she sign off on assistant secretary lamps denial of request? megyn: the report did not seem critical of what happened after the attack in terms of the messaging about it was very critical in what happened before that left ambassador stevens and 40s others so exposed. i want to remind our viewers who charlene lamb is. we haven't confirmed that she stepped down. but the associated press is reporting the assistant sick to for diplomat sick security eric boswell and charlene lamb have steps down under pressure. so our viewers remember what his lamb said before congress not long ago with the wake of this controversy. remember this.

watch. >> miss lamb, yesterday you told us in testimony that you received from mr. snored stro -a request for more security and you admitted you previously said if he submitted a request you would not support it. is that correct? iewnd the current conditions, yes. we had the correct number of assets in benghazi at the time of 9/11 for what had been agreed upon. >> she should be gone because the idea -- i'm not security expert. but there wasn't any security. i don't think we should expect a militia essentially to protect our ambassador and you might remember that when susan rice went on the sunday shows she

claimed there were two people protecting the ambassador. they were navy seals but they were in the country for a different reason. i think it is appropriate the people associated with this resign and even, you know, in the report they claim -- they put some of the blame on the ambassador for not asking enough. but we know he did ask clearly for more protection and expressed a lot of concerns about what was going on on the ground. in terms of hillary clinton, you know, it's perfectly plausible this did not reach her level. she is the secretary of state. i don't know this kind of request would make it all the way up to her. but she should still testify and give her perspective on that. megyn: she can say that, it was boswell and lamb if that's how it was. megyn: no american official was found guilty of neglect or

dereliction of duty. how can you get to no one is guilty of any neglect in this situation? >> it's incredible. it doesn't single out a single person for blame here and it doesn't identify any disciplinary action to be taken either. if everybody is responsible as this report seems to say when it talks about systemic failures at the state department, if everybody is responsible then nobody is responsible. secretary clinton said i take responsibility. when she made that statement she was directly referring to the lack of security leading up to the attack. well, somebody needs to take responsibility here. i agree with skie a -- i agree . she must be cop pelled to testify.

days after moammar qaddafi was killed by the libyan forces within days the al qaeda flag was flying over benghazi. this could have been foreseen and somebody needs to provide answers. megyn: when you read the report -- you remember because you were on the air with us many times talking about this and the daily beast did some great reporting on it as well. the initial story that was told is nothing like what is reflected in this report. who knows whether we would have gotten this report if the press hadn't pushed for more answers. >> the press like you mean fox news. >> no other media. >> one report it at cbs, i think. and jake tapper to a certain extent. to the most part the media has ignored this and acted like it's not a problem. susan rice said over and over there was a protest.

again it isn't confirmed. so people lost interest in this. but in terms of nobody being held accountable. that one of the problems when you have the government investigating the government. this is the state department investigating the state department. but you need scene outside force investigating. i have to take it with a grain of salt. it's when you have an independent body investigating themselves, i would prefer frankly that it was congress doing the investigation. not that that's without problems because that can turn into a partisan witch hunt. megyn: ladies, thank you both. thank you. the teacher's union in michigan took a hit. but the teachers of newtown

connecticut showed a commit to the their students like nothing we have seen in a long time. nothing that has gone the attention. we'll talk next with one educator about the heroes of sandy hook. .so as you can see, s customer satisfaction is at 97%. mmmm tasty. and cut! very good. people are always asking me how we make these geico adverts. so we're taking you behind the scenes. this coffee cup, for example, is computer animated. it's not real. geico's customer satisfaction is quite real though. this computer-animated coffee tastes dreadful. geico. 15 minutes could save you 15 % or more on car insurance. someone get me a latte will ya, please?

megyn: 27-year-old teacher victoria soto. she hour yesterday her student into a clothes and used her body to shield the students from the gunfire. our next guest has been inspired by their dedication.

katie farber wrote this letter to the teachers of sandy hook. we were moved by what you wrote. it just reminded a lot of folks on our team about what we loved about our own teachers when we were growing up. so often it involves protesting. it's under values. underpaid. >> we are thinking about our practice and thinking about each other in new ways i think we all

knew were there but maybe hasn't brought to the surface as they have friday. megyn: when you hear the stories like ann marie murphy was found shielding her special education students. literally her body holding him trying to stop him from the gunfire. the story of dawn hochsprung, the principal who was said to have run towarded gunman and tried to alert everyone that danger had arrived at sandy hook. >> i see teachers across america every day acting in small ways that are brave. and the terrible example friday, huge acts of bravery. so while i walked around school

yesterday, i didn't know the details until yesterday, i heard on the radio about them. i tried not to his be to them so i could go about my work. but once i did hear about it i looked at my colleague and thought of them. i just know they would do the same thing to protect my children who go to school here and every other child. megyn: that's what you hear about these teachers, that they referred to their students as their kids. that's how so many teachers feel. you write in your piece that you and your fellow teachers teach math and grammar but you also teach civic awareness and perspective making. there is a relationship between students and teachers we forget to value sometimes.

>> you can't reach them until they trust you and you know how to access their education in ways that are meaningful. if you take that away with a script or certain controls. it's hard to get anywhere with students. that's the basic level it many a sub text not a lot of people bring up in politics. but it's so scr you amazed at te bravery. these are young women. to be confront with a gunman, something they never dreamed would happen to them. having the quick action to shield their students, to actually shield them by getting them behind closed doors and throw their bodies in front of their charges. all women. all the teachers women. >> i'm so incredibly proud of them and proud to be part of this profession. i'm not surprised by it because i sight everywhere as far as

around me with my colleagues. but i am just in awe of what they were able to do. megyn: you say in your piece maybe people will see us differently. maybe they will treat us with the respect of someone who can save lives or die trying. katie, thank you so much. all the best to you and your class. . clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

megyn: thousands of soldiers

leave basic training to head home to their loved ones for the holidays. downroberts is there. john? >> reporter: a day of patriotism, volunteer itch and service to country is a brigade-size group of fresh recruits headed home for the holidays. they will have 17 days of a break from their basic training. they got a chance to go home, meet with family and loved ones and friends. many have no idea where they are going next. others that we met like private kyle cleaver just got their orders, they are head for the danger zone. >> i'll be leaving for deployment training in march. >> reporter: where are you going? >> afghanistan. >> reporter: how do you feel about this being your last time home to see the family for

christmas before you are deployed possibly to a war in afghanistan? >> it many kind of sad but it's my country. >> reporter: how does the family feel about it? >> they are very proud. >> all the volunteers that give so tirelessly of themselves like the good folks from the uso were here at 2:00 a.m. to welcome the troops. people like shelly who says she is inspired by these service members to give back. >> they look so young and their phrase so sweet and they appreciate little things like a candy cane. just their appreciation of the little things that we do. >> reporter: we met charlie tucker, a vietnam veteran who said he did not want the troops here to suffer what he did when he and his colleagues came back

from the vietnam war. megyn: new questions on the fate of an american marine locked up in mexico. what more if anything can the state department do to get him out for the holidays? yesterday we brought this man's story and his wish to meet the parent of the children that he hel -- thathe sheltered after tg at sandy hook. >> they will be in my heart forever and ever. i pray that their parents will call me when they can. i know they will.

megyn: fox news alert. new details in the search for what could have led to school shooter adam lanza snapping and murdering 27 people. welcome, everyone, i'm megyn kelly. we are learning the medical

examiner called in a genetic expert to t to track down any reasoning or understanding in the schoolhouse shooting. source tell foxnews.com that nancy lanza planned to have him committed for mental treatment and that made adam furious. we are learning he may have been jealous of the elementary school students. rick leaven sthal joins us live from newtown. >> reporter: the medical examiner is waiting for toxicology reports on adam lanza. also they are hoping a geneticists can find something. a me their oriole scientist who is not involved in the investigation says the killing of nancy lanza and the shooting

at the school was not an i am prulsive act, but was likely planned for weeks if not months. lanza reportedly smashed his own computer hard drive. foxnews.com reporting a possible motive of anger and jealousy. anger when he discovered his mom was planning to commit him to a psychiatric institution. that according to a u.s. marine who knows the family and has lived here his whole life. he says he was jealous because his mom was spending a lot of time volunteering with kinder kindergarten students he thought she loved more than him. today in a moving tribute. dozens of firefighters lined a procession route through town. many attended the service where

daniel was remembered as warm, loving and inspiring. charlotte bacon, and caroline previdi. the girl's basketball team has its first game since the shooting. despite media requests, only local press and no tv cameras will be aloud inside the gymnasium to give the families breathing room. megyn: we are now getting reports that school backpacks with lightweight armor built into them are flying off the shelves. what does that say? what does that say? you know? we live in a world where this could be potentially necessary? the statistics say no we don't. but last friday says something else.

these things are blind a .40 caliber full metal jacket designed to deflect bullets. >> our armor was being bought, and is transcended to anyone. anyone seasoning a child out into the world, they want to protect their children. megyn: some critics say children need to be trained how to use this properly and it may be too much for a young child to be told how to use this and why you are giving it to him or her. but, wow, that stops and makes you think, doesn't it? >> in one conversation with johnny he said to me, mom, they hate us. he said they hate -- the hatred for mayor chance in this place is unbelievable.

and that has haunted me. i'm not sure what that's about. it's like a "national geographic" show that you watch except it's your son. it's inconceivable. megyn: the parents of retired marine john hammer joined me yesterday to talk about the fight to get their son out of one of mexico's most dangerous prisons. he was arrested for carrying a vintage shotgun, a family heirloom. even though u.s. customs agents told him he could bring it into mexico as long as he had the proper permit. then he talked to the mexican officials and he promptly got arrested. today we are asking if there is anything more that can be done to bring this marine home. rick grenell is a former spokesman to the former ambassador to the united nations.

in defense of what our government has done so far. they say they have a justice system mexico. we are funneling them $1.9 billion to mi fix it. but we can't interfere with their legal proceedings the same as we don't want them to interfere with our legal proceedings. >> makes sense. and the state department official from ambassador wayne, the u.s. ambassador to mexico to bureaucrats in washington are trained to respect other country's laws and regulations. only way john is going to come home is when this is highlighted to a higher political level. when secretary clinton is finished recuperating and she is back on the job she needs to pick up the phone and call the president of mexico. president nieto is new and he of course would take that call. we need to recognize there are

certain circumstances and situations when we have to hold the political card and say, this guy is not getting fair treatment it was an administrative error. all of this makes sense. so we can't just allow him to sit there. christmas is coming. this is the perfect opportunity for the mexicans to understand they can go off the normal path and do something nice. and really improve their relationships with us. megyn: what an opportunity for them in that respect. instead of ticking off millions of americans, seeing owmplet s. serviceman in this condition held like a dog with a chain to a bed. they could be reasonable and say there was no intent to transport illegal firearms into mexico. he wasn't smuggling weapons. he stopped and declared it. that's how they caught him. >> it's up to our government and

clearly the u.s. ambassador to mexico is a career foreign service officer. he' not going to change protocol and asked for this to be done. he's going to follow all the rules. about it many up to our government to make the case. we respect your laws and understand. but this was a unique situation. he's experiencing ptsd. he would like to blow off some steam and he made a clerical error. it would also be an opportunity to educate mexicans and americans about the improvement to the legal system in mexico and help us understand when there is a problem they are going to be able to be there and say, let's adjust the protocol or use human intelligence here to understand that we don't let an american who made a clerical error sit in a prison clained to a bed while we -- chained to a

bed. megyn: near this country we are not just a bunch of monkeys. we have reason and we apply it and we have our prosecutors say does this warrant charges and throwing a guy in jail for four months while he awaits trial for which he could spend 12 years in prison or is this a simple mistake with a serviceman from one of our closest friends, the united states of america and let's be reasonable. >> let many remember in mexico they have had an incredible problem of people going around the legal system if they are wealthy or connected. so this is a chance to educate people. this is not someone who is wealthy or well connected. this is an american who made an administrative mistake. megyn: the mistake will help mexico. very few americans will be under the mistaken impression they can bring any sort of weapon into mexico without facing a severe

penalty. so mission accomplished. now is the time to let him out. >> the white house needs to get involved. you could have jay carney simply know about the situation. megyn: he was asked about it yesterday and said i don't know the exacts on this. s something where the white house press secretary could help. they could articulate the situation and say mexico should understand this is an error and release him immediately. mexico would probably comply because it got to the level of a political statement from the white house. megyn: is there a higher burden on the administration because he's a marine. one wonders if we would be paying attention to this if this were just a regular old joe from the united states who made a mistake. >> i work with a lot of families who have individuals held in prison overseas. and i have to say that you want to believe that our government represents everyone. certainly the case can be made

now that this is an american hero who has served multiple tours and we should highlight i think his situation and the error of what has happened down there. so i want to believe it doesn't matter what you have done in the past, that if you are accused much something like this, a clerical error, that a silly situation that you shouldn't be chained to your bed in a mexican prison. megyn: you have got to think reason will prevail in mexico as well. obviously there is controversy in that relationship. but they are an ally. earlier today the parents said on fox news they believe something could happen before christmas, even though this next court appearance wasn't suppose to be until january. we'll wait and see. rick, thanks. just a couple hours ago we learned "time" magazine many bern of the year will be president obama. we'll look at holes was in the

running and -- who else was in the running and why time may have made this pick. >> nobody knows hot top five a are. ernst and young doesn't know. what it is is loser's remorse. that's all it is. [ male announcer ] red lobster's crabfest ends soon. hurry in and try five succulent entrees, like ourender snow crab paired with savory garlic shrimp. just $12.99. come into red lobster and sea food differently. and introducing 7 lunch choices for just $7.99. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news.

megyn: 90 minutes ago president obama accused the republicans of refusing to make a deal on the deficit and spending with what he calls partisan difference. speaker boehner wanted to respond to that. we expect to hear from him any minute now. the tax hikes and spending cuts could hit in the new year. switching gears. time rs"time" magazine announcis person of the year. the president beating out 7 other candidates, including malala yousufzai, the pakistani girl shot in the head for advocating girls' education. she was not the winner, but barack obama has won again. he one in 2008 as well.

chris, your thoughts. >> well, no one was more surprised than -- no one was surprised. i think this is just a way of "time" magazine and the people at times * magazine to vote for barack obama tries. once again. their hero is their person of the year. there are a lot of other candidates that might have been appropriate. i saw richard stengel of "time" magazine explaining it. he says the reason they picked him is no one has been reelected with the economy in such bad condition and a high unemployment rate. a celebration of meade october . it reaffirms the irregular

advance of "time" magazine's person of the year. megyn: my apologies. but we have to go to speaker boehner. >> the president will have a decision to make. he can call on the senate democrats to pass that bill or he can be responsible for the largest tax increase in american history. megyn: apparently we missed the beginning of that where he said he's going to pass his plan and they are apparently at impasse. let's bring back our and so we can talk about this. let's shift gears. do we have the beginning cued up? here, let me show you what you missed. stand by. >> good afternoon, everyone. republicans continue to work toward avoiding the fiscal cliff. the president's offer of $1.3 trillion in revenues and $850

billion in spending reductions fails to meet the test that the president promised the american people a balanced approach. and i hope that the president will get serious soon will providing and working with us on a balanced approach. tomorrow the house will pass legislation to make permanent tax relief for nearly every american. 99.81% of the american people. the president will have a decision to make. he can call on the senate democrats to pass that bill or he can be responsible for the largest tax increase in american history. megyn: there you have it. short and sweet. so short we can show it to you twice. ay we missed the first partridge nally. that was surprising. julie. the president had this press conference and went on for a long time. speaker baron has one thing to say, we are going to do it our

way. >> there you have washington, d.c. at this point it's gamesmanship and partisanship. it's all the things about washington that everybody can't stand. and now they are negotiating in public. if i wish they would start negotiating in private. but to sit down like two adult and work this out. i think both sides are close. what i understand, both sides are close. the fact that boehner has moved on from know tax hikes on anybody to suddenly agreeing on tk hikes for somebody is a big step. the fact that the president has agreed on several pernlding initiatives that he didn't want to agree on. that's a pretty big deal. stop the growth of social security at the rate it's growing at, using inflationary measures. they believe it will eventually cut real benefits for seniors as

they keep getting older. that's something the base is not happy with. but obama seems to be floating. both sides have compromise. they need to keep that eight. stop with the press conference, stop with the throwing on the table who is bigger. and they need to come to the table and do this. for lack of a better word. it's getting close to christmas. megyn: i don't want to go there. chris, let me ask you. i have got to admit i don't understand c3pi. but on the -- it seems like the taxation is really the impasse. the president wants to raise tax on all americans who make $400,000 or more. baron says let's make it a million or more which was a big concession for the republicans who have never raised tax rates

while they have been in control of the house. but he's ready to do it. they can't meet in the middle? is this likely to get resolved in the next two weeks? >> no. the short answer is no. i would like to see them acting as adult as well. the president's position is come over to where i am and we have a deal. that's been the president's position all along. the suggestion that the president has floated the notion of a consume per price index tethered to increases in colas going forward is not a concession. that's not a compromise. his base is already lashing out for even raising the specter of a compromise of any kind. in reality the president's position is and has all along been come over to my position and we'll have a compromise. that's the president's idea of compromise. megyn: he's going to get what he wants on january 1 because the tax rates will go up on everybody. >> if that's what he wants.

megyn: i want your quick response to barack obama person of the year. >> i don't agree with what chris said. people have a habit of picking people they don't necessarily love. they chose george bush for god's sake. i frankly would have picked malala yousufzai. she would have been a great message to send to people all over the world. megyn: what an opportunity they had. >> it was an opportunity and that would have been the better choice. but i don't believe there is some vast left wing conspiracy. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so...

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megyn: delays manhunt underway after two prisoners made a jaw-dropping jailbreak in chicago. they climbed down the side of a chicago high-rise federal jail using a rope made of bedsheets. trace gallagher live in our west coast bureau. what were they, watching cartoon reruns and got the idea? >> reporr: this is one of the only skyscraper jails on the planet. the rope was 200 feet long. they had to gather 40 sheets to make this thing. inside the mattresses the guards found pieces of the window as well as the bars. under the black ketz they put clothing and sheets to make it look like the bodies were there. they were present at 10:00 but at 7:30 the next morning that temperature when they discovered the sheet rope. so they could have gotten a

9-hour jump on the cops. overnight the men did go to his mom's house and his brother's house to get some clothing and other supplies. >> kenny is kenny. he's crazy. they are sick of it. enough is enough. >> the plan was well thought out. it won't end well for him. he won't go quietly. >> reporter: both men are convicted bank robbers. but joseph banks stole $600,000. the money was never found so he could have ample resources. he represented himself in court claiming he was a member of a sovereign group and not subject to the laws. experts say escapeees tend to

split up. >> the fbi threw in a $50,000 reward to try to find these guys. but this was an amazing escape out of a very small window 15 stories up. megyn: how did they get the bars out of the windows? >> reporter: that unclear. remember the shashank, they wiggles the bars out. megyn: they would have had to use more than a couple sheets. they would have been hoarding them. wasn't there any per rim sister security, fence, barbed wire, something? >> reporter: negative. not outside. this is a triangle shape.

they built this soy could have a clear view on every age of the building it was 7:30 in the morning, 9 hours after they were last seen saying there is a sheet rope up there, maybe we should check it out. megyn: what's next, file in the cake? it's not like it's not foreseeable. though the bars should tends toe discourage that. trace, thank you. fascinating story. it was beauty versus billionaire and beauty lost. this pretty woman could end up paying millions to donald trump. "kelly's court" takes up the case. and one company's generosity making the holidays bright for one military family just ahead. >> our house has never been like this before and i like it. >> to have a special moment like

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megyn: one of the most touching stories in the wake of the newtown tragedy is the story of 6-year-old victim jack pinto and new york giants wide receiver victor cruz. little jack was a huge giants fan. victor cruise was his hero. cruz wrote his name on his shoes and fwlofs during sunday's game with the atlanta falcons and pledged to visit his family this week, a plem he made good. signing giants footballs and jerseys, and good for him. remember this guy. victor cruz, number 80. looking at him differently on the field for now on. as people looked for answers why school gunman

adam lanza may have opened fire we heard repeatedly how he struggled with asperger's syndrome an we don't know exactly what else. police said their search of the home turned up no evidence of medication. a number of family acquaintances talked about the challenges nancy lanza was facing when it came to her son's behavior particularly if recent years. we want to know more about it. keith ablow, from the fox medical a-team and we have a dro from brain balance centers and he has expertise in asperger he is ought estimate and other related disorders. i want to say to you, dr. ablow. thanks for being here friday. you gave us a place to go with what we were feeling and what you said stayed with me all week how this was a person who wanted to make the ugliness inside of him match with what he could create on the outside world. >> very sad. megyn: what are your thoughts in the wake of what

we have heard five days into this? >> several thoughts. one is, we shouldn't pretend anymore in this country that we have a sturdy mental health care system. we have a mental health care system in shambles. where people are turned away from emergency rooms if they aren't dead set on saying, i'm going to hurt someone right now. where they're kept only days in and in patient unit before the insurance company leans on the clinicians, discharge this person. they're quote, unquote contracting for safety. even if they threatened someone before. that is one set. we have to fix the mental health care system. secondly we should look at the dynamics in this family psychologically. there will be those who say this is videogames, this is facebook. those can be factors. depersonalization from technology. but also we have a mother who kept her son with asperger's in the basement, reportedly, surrounded by posters of guns. who taught him reportedly, to shoot and took him out of

school and homeschooled him. you want to look at that dynamic what it meant to him, when she supposedly, again i'll volunteer with the children and i'm preparing to have you go to the hospital. that for him could be a calamity. why she was trying to do that on a balance beam with him as an outpatient may relate to the fact there are no resources for these families. we have deconstructed the mental health care system to a extent it all but doesn't exist. >> doctor, what would the options have been whether asperger's or some other disorder or schizophrenia which has early onset in the 20s, ultimately what the diagnosis would have been what were the options for someone with no criminal history or may not have been posing a threat saying i'm going to kill people over the age of majority, what are the options right now? >> there are options, up fortunately people aren't made away of options out there. you heard the mother other

day saying she was tenacious that is why she found out services. there are provided good services in early childhood. later on they're left open with not much to do. megyn: when you're in the school system you have support. once you're out of it -- >> even that, comes back to what the doctor was saying that not only is the health care system broken but also we don't understand what these problems are. the research in this country on understanding what autism and asperger's is and what environmental triggers may affect that. and then how that applies to what we can do to treat it. we can't really treat a problem when we don't know what it is. there are options, like we have brain balance centers that work with mild autism and adhd and other kids on the spectrum. there are, you know, professionals trained in what we call functional neurology. there are other professionals, behavioral therapists, nutritionists, a whole team of people. megyn: find out this is it family of means.

home was worth more than a million dollars. the husband was giving her enough alimony not to work rest of her life. if this family not taking advantage of it, so who? >> even if you don't have insurance relgated to social worker who fine individuals to do therapy once a week, a nurse, often a nurse to do one medications three months perhaps for 10 minutes. megyn: sounds like a joke. that sounds like a joke. >> it is a terrible joke on these families. there is no help. we deconstructed the system. unless you can pay like riggs in stock ridge, 80,000. have the kid go there once or go two or three times, unless you pony up00 ever thousands of dollars there is no comprehensive psychiatric care to be had. even if you got the ticket, paid insurance premium, you will be sent to a social worker and nurse because they want to save money. megyn: the option is not in. >> they don't know what the problem is. they're trying to manage the system. megyn: why are we looking at that? even today barack obama

starting a panel and look at, focus sounds like it will be on gun control. they mentioned mental health as sort of an aside. it doesn't seem to be primary focus even though overwhelming number of americans polled believe that is where we need to look first? >> gun control. recent study shows a third of mass killings are not using gun. either fire, knives or blunt instruments of the rest, the 70% left, the vast majority are not allic or semiautomatic weapons guns. they're handguns. megyn: disarming the would-be murderer. we're not as focused dissuading the would-be murderer. is that possible no that gun control is bandaid. we're not dealing with primary problem on what is happening with the people's brains. why are we seeing epidemic with austism. megyn: we don't know the answer to that, doctor? >> we do. megyn: we do. >> we have some. we don't have research environmental factors along with genetic factors. megyn: i want to pick up on that.

you made a very interesting point after we had dr. melillo on and other autism experts and parents earlier this week. 1.5 million people affected with autism disorders in this country. 99.95% not violent. never commit a crime. we can't pin this on autism or anything on the autism spectrum. you said it might be relevant because of things dr. ablow talked about, the way the mother dealt with it and becomes ostracized from society and no support system the hatred and way his mind set may have developed, talk about that. >> understand very carefully. this is a spectrum which means that spectrum can vary from adhd type symptoms to psychotic symptoms and that can fluctuate from day to day, moment to moment, based on whatever types of environmental triggers may be there and it's accumulation type of effect. if you take a kid that has, you know, these deficits, these imbalances and then depending on the

environmental triggers that may be cumulative it may actually, you know, lead to some of these issues. megyn: he didn't like to be touched. >> he didn't feel physical pain reportedly which is a terrible psychological sign. >> neurological. >> what did he suffer with initially in his life that would have led him to cut off all feelings for others but for himself physically and emotionally such he projects it on the outside world? and why was this mother left to, there are lots of points of entry in this system. why would you be left to try to file with the court for guardianship medically of your son while your son is living in the basement? why wouldn't there be somebody inquiring from the beginning what's going on? that you are making this dramatic move? megyn: how hard is it when you have a 20-year-old now he was living in the home who maybe, who knows what she saw, you know, but how hard would it have been to get him committed? >> it is very difficult. you're deal with an adult at this point. this is the problem, we're sure that from all accounts

this mother wanted to be a good mother. so the point is, why would she do that? seems in some cases crazy but, she obviously didn't know any better. this is lack of information. people need to be educated. what the problem is, what you can do about it. we're not getting it out there. megyn: isn't there like a database where they can go and get ends a answers. >> autism speaks. but there is really nothing, by the way our diagnostic manual, dsm-v is so fractured and so pie-in-the-sky. they have gotten rid of asperger's from the whole manual? why? because the committee decided we don't think that is relevant anymore. wait a second. what do you mean the committee decided? let's get back to understanding people and looking at forces that lead them to lose control. and by the way, there isn't anywhere to go with this kid or this adult because the bottom line if you admit him to a hospital and get him finally admitted they will ride him from day one, can you contract for safety? are you ready to go home?

they're taking calls from the insurance company. why is he still there? why is he still there? megyn: they know what to say. >> we've been seeing the epidemic for 20 years. we're beginning to see beginning of an adult epidemic because we haven't dealt with it. as we said the other day we have not bad paid attention in this country. megyn: can they start at brain balance centers? can people call there and get direction. >> they can go to brain balance centers.com. we have website where they have information. we're more than happy to answer questions. megyn: just for a start. i'm sure a lot of parents feel overwhelmed and scared now, some of them. thank you both, docs. >> thank you. megyn: coming up next a legal victory for donald trump. you remember this case. he had this big battle with a former beauty queen who claimed the miss usa pageant was rigged. trump's miss universe organization sued her for defamation, a lawsuit many people mocked wrongly. he won, millions. that's next in "kelly's court."

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megyn: "kelly's court" is back in session. on the docket today, a ruling in donald trump's battle with a beauty queen. you may remember sheena monnin, former miss pennsylvania who quit the miss usa competition in june claiming a fellow contestant had seen a list containing the top five winners before they were officially announced, before they even goto the sweet 16 in the pageant. she called the pageant fraudulent and trashy. donald trump sued her on behalf of his miss universe organization and miss usa is part of that, claiming she had defamed the organization. a judge in arbitration just agreed with mr. trump and awarded the miss universe organization $5 million in damages. was that the right decision? let's ask our panel. joining me now, arthur aidala, former prosecutor, now defense attorney. jonna spilbor, same pedigree. well come.

i have to say, when he first filed it, i thought, that is just trump. he doesn't like what she said, she is entitled to her opinion. this arbitration judge did not see it that way. this is a big win for "the donald", arthur. >> it is a big win. hopefully donald trump doesn't need five million bucks. megyn: maybe he will donate it to charity if he can get it. >> be honest i don't think the woman has $5 million. let everyone understand, this is arbitration. this is not a trial. a judge sits in a room, a lot of times a former judge sits in a room and hears both side. however he didn't hear both side. the contestant decided she, her and her lawyer decided they weren't going to participate. only "the donald" and his people got their say. megyn: why didn't she participate, jonna? >> that is good question. this way if she got default judgment might be easier, i don't know, file bankruptcy i suppose? he will never see this money, i'm telling you. you know, not for nothing, but if this were in front of a jury maybe arthur might

even agree with this, i think it would have gone entirely different way. the key to this defamation suit is to prove malice on the part of utterer, in this case a former miss pennsylvania. miss in said this, and she repeated it. megyn: arthur, tell viewers exactly what did she say was proveably false? >> she basically said the whole thing is rigged. that is a farce. that is the meaning behind her words. megyn: she said she had a conversation with miss florida. >> miss in who knew the top five contestants before they were even narrowed down, i think said accurately to the top 16 contestants. not like she saw them two minutes before taking paper from one place to another place, that a big amount of time beforehand. they already knew who was down to the top five when they were still, i think 16 people left in the --. megyn: so they already had the list. the whole thing was rigged. they knew who would be in the top five.

donald trump, jonna, came out and said that's baloney. not even ernst & young, you remember this, ernst & young, not even they know, they were upset he said because they're supposed to keep the results and they don't know who it is. >> yeah. essentially is why donald trump won this suit. i'm going to guess that part of your contract even getting into the contest you have to agree to arbitration if you're going to sue. >> right. >> i don't know if she's, now waived her right to actually file an actual lawsuit because of it or not. that might be another reason why she didn't bother to show up. megyn: go ahead, arthur. >> just what the judge actually said, judge katz. he said after hearing the evidence, the method in which the miss usa pageant is judge precludes any reasonable possibility that the judging was rigged. so he heard how, what the process is. and he determined and obviously people like ernst & young are involved. their reputation is on the line. they're not going to risk their reputation for the miss usa pageant. megyn: hard to prove actual malice. >> that's it. megyn: trump had to prove he

did these things with actual malice and because he and organization are public figures. the judge said, yes, she had actual malice in her heart. >> you know why? what things. she was disgruntled contestant. she didn't make it into preliminary rounds. >> that is the no enough. >> and number two they allowed transgender individuals into the pageant. she had a motivation to say these things with malice in her heart. megyn: they made her be malicious? quickly, jonna. >> she would have to be out and outlying to have to meet the malice standard. >> obviously judge katz agreed with me. megyn: the judge said she fabricated the story about miss florida telling her the names of five finalists. >> never will see the money. megyn: we'll be back [ sniffs ] i have a cold.

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megyn: christmas just got a

whole let brighter for the family of an american soldier stationed in afghanistan for the holidays. justin gray with our atlanta affiliate waga, has the story. >> reporter: you can spot the tree from anywhere in the neighborhood. >> our house has never been like this before. and i just like it. >> reporter: it's the house with more than 5,000 christmas lights outside the lights are a very special gift for a family that's facing a difficult holiday. >> just to have a special moment like this really helps lift your spirits. >> reporter: she and her husband jason is in afghanistan with national guard. he has been there since july and their seven, five, 2-year-old children are spending christmas without their dad. >> i have to say christmas was one of the things i was probably dreading the most being away from my husband. >> reporter: but this christmas literally got a lot brighter when terry craft and christmas decor

rosswell stepped in. he goes out all decorating a military family's home for the holidays. >> it is a privilege to do it. >> reporter: tell me what you think of those lights. >> it is a great. i love it. >> reporter: for the children it has been magical with a christmas tree unlike any other and santa on the rooftop. >> he like an airplane trying to go down the chimney. >> reporter: do you have the coolest house in the neighborhood right now? >> yeah. i think we'll win. >> reporter: she says the lights have done something very simple and very important. >> definitely puts a big smile on my kids face. >> reporter: that means so much for jason as he spends another holiday, a world away from his young family. >> over there they worry so much about their families at home and just to know that there is people out there like mr. craft who care so much about military families, it makes them have one less worry. megyn: good for them. great story. that was justin gray with our affiliate in atlanta,

waga, reporting. we'll be right back. [ loud party sounds ] hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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